Ukrainian prisoner - Yuri Beketov 1970, violation of art.3 of European Convention 1950
I inform you that from 30.10.2009 till morning 18.11.2009 judicial order of European Court of Human rights under the Rule #39 - is not implemented!
Till now Yuri Beketov is not transferred to any medical institution, where he can receive the appropriate and adequate treatment for his medical condition.
Firstly, because judges from Kyiv Court of Appeal: Mr.Glynianyi V.P. and Mrs.ELENINA de facto refuse to give to attorneys of Beketov written permission for transferring Yuri Beketov to the hospital (that will be chosen by Beketov himself of by his attorneys).
It's confirmed by the following: 3 times for last month there were hearings in Beketov case in Kyiv Court of Appeal. And all three times we had to call ambulance “103” because Yuri Beketov had terrible ache in his stomach and also had very high temperature. Last time on 03.11.2009 Beketov could not even walk by himself - guards helped him to walk along the corridors of the court by hold his hands, since he was very weak, feeble and with high temperature. So I had to called ambulance once again. Doctors from ambulance confirmed their previous diagnosis by saying m: “This patient must be immediately transferred to hospital!”
After ambulance departed judges Mr. Glynianyi V.P. and Mrs.ELENINA, nevertheless continued the court hearings as if nothing happened (having recent medical report in their hands). Than I had to stand up and say to judge Mr.Glynianyi that this is torture, it's inhuman and degrading treatment regarding prisoner Yuri Beketov, and that he must be immediately transferred to the hospital directly from the court-room due to judicial order of European Court of Human rights under the Rule #39 from 30.10.09! Nevertheless judge Glynianyi refused to do this by saying that it's not his competence to decide and that I must address to chief of Kyiv SIZO with this issue or to the guards. Guards also refused to do this by saying that chief of Kyiv SIZO must decide this problem.
Having no other legal means to stop this theatre of absurd and not willing to participate in this imitation of justice, I had to interrupt court hearings by saying that I do not trust any more to judge Glynianyi from Kyiv Court of Appeal and demanded recusation. Judge Glynianyi announced date of the next court hearing that will take place on 24.11.2009; and ordered to send Yuri Beketov not to the hospital as Strasbourg Court ruled on 30.10.2009, but to Kyiv SIZO at Dehtirivska, 13.
Secondly, European Court of Human rights decision is not implemented because of ignorant attitude to such decisions from side of some representatives of Ukraine - Mr. Yuri Zaitsev and other chiefs from Ministry of Justice. For example in the morning of 02.11.09 Mr. Zaitsev's buro received by fax judicial order of European Court for Human rights under the Rule #39. They needed couple of days to translate few sentences from English to Ukrainian! Ignoring urgency and importance of the problem they sent this order\decision from 30.10.09\ to Department of implementation of punishments in Ukraine by fax with the delay, and did not even controlled delivery of the latter. Of course chief of Kyiv SIZO received decision of Strasbourg Court only 3 days later - in the evening of 4th November 09! However distance from Ministry of Justice to Kyiv SIZO is less than 5 km, or few stops by tram or 10 minutes by car. This ignorant attitude of representatives of State of Ukraine may had resulted in death of the prisoner. Luckily this did not happened.
As to position of chief of Kyiv SIZO Mr. Serhiy Starenkiy. In the evening of 04th November '09 he together with camera operator went to the prison cell of Kyiv SIZO, where Beketov was kept together with other 40 prisoners, proposed Yuri Beketov to go to Kyiv City Hospital of Ambulance (Kyivska Miska Likarnia Shvydkoi Medychnoi Dopomogy). Beketov refused to go to this particular hospital because this state owned hospital is in very friendly relations with chief of Kyiv SIZO and militia, and because 2 other previous times when Yuri Beketov was kept there - he did not received appropriate medical treatment. For example in March 2009 he was sent back to Kyiv SIZO after 19 days in hospital, while his medical problem was not resolved. So Beketov told to Serhiy Starenkiy that he refuses to go to Kyiv City Hospital of Ambulance since he does not trust any more to those doctors and asked to transfer him immediately to private hospital “Borys” (Kyiv, str. Bazhana,12) or any other medical institution that his attorney will mention. First time Beketov asked Mr.Satrenkiy to do this on 30/10/09 in the presence of attorney Voloymyr Grechanovskiy by submitting a written statement. Only 15.11.09 Starenkiy sent his written answer (by ordinary post) to the wife of Yuri Beketov in Vinnitsa saying that he doesn't object against visit to Kyiv SIZO of doctors from private hospital “Borys”. However asked also written permission from judges of Kyiv Court of Appeal.
At 15-30 17.11.2009 I've just submitted letter to judges of Kyiv Court of Appeal asking them to urgently give written permission for doctors from private hospital “Borys” to visit Yuri Beketov in Kyiv SIZO. But I don’t know the result yet.
According to my very recent information 21-00 17.11.2009 Beketov's level of health is very much deteriorated, he cannot walk any more, and medical assistants of Kyiv SIZO started to give him injections of “declafenac” (medication against pain). Beketov's health and his life is in danger!
Kind regards,
Oleg VEREMIYENKO
Attorney-At-Law
+38 050 947 5564
Tags: право на выбор лечащего врача, право на медицинскую помощь
Till now Yuri Beketov is not transferred to any medical institution, where he can receive the appropriate and adequate treatment for his medical condition.
Firstly, because judges from Kyiv Court of Appeal: Mr.Glynianyi V.P. and Mrs.ELENINA de facto refuse to give to attorneys of Beketov written permission for transferring Yuri Beketov to the hospital (that will be chosen by Beketov himself of by his attorneys).
It's confirmed by the following: 3 times for last month there were hearings in Beketov case in Kyiv Court of Appeal. And all three times we had to call ambulance “103” because Yuri Beketov had terrible ache in his stomach and also had very high temperature. Last time on 03.11.2009 Beketov could not even walk by himself - guards helped him to walk along the corridors of the court by hold his hands, since he was very weak, feeble and with high temperature. So I had to called ambulance once again. Doctors from ambulance confirmed their previous diagnosis by saying m: “This patient must be immediately transferred to hospital!”
After ambulance departed judges Mr. Glynianyi V.P. and Mrs.ELENINA, nevertheless continued the court hearings as if nothing happened (having recent medical report in their hands). Than I had to stand up and say to judge Mr.Glynianyi that this is torture, it's inhuman and degrading treatment regarding prisoner Yuri Beketov, and that he must be immediately transferred to the hospital directly from the court-room due to judicial order of European Court of Human rights under the Rule #39 from 30.10.09! Nevertheless judge Glynianyi refused to do this by saying that it's not his competence to decide and that I must address to chief of Kyiv SIZO with this issue or to the guards. Guards also refused to do this by saying that chief of Kyiv SIZO must decide this problem.
Having no other legal means to stop this theatre of absurd and not willing to participate in this imitation of justice, I had to interrupt court hearings by saying that I do not trust any more to judge Glynianyi from Kyiv Court of Appeal and demanded recusation. Judge Glynianyi announced date of the next court hearing that will take place on 24.11.2009; and ordered to send Yuri Beketov not to the hospital as Strasbourg Court ruled on 30.10.2009, but to Kyiv SIZO at Dehtirivska, 13.
Secondly, European Court of Human rights decision is not implemented because of ignorant attitude to such decisions from side of some representatives of Ukraine - Mr. Yuri Zaitsev and other chiefs from Ministry of Justice. For example in the morning of 02.11.09 Mr. Zaitsev's buro received by fax judicial order of European Court for Human rights under the Rule #39. They needed couple of days to translate few sentences from English to Ukrainian! Ignoring urgency and importance of the problem they sent this order\decision from 30.10.09\ to Department of implementation of punishments in Ukraine by fax with the delay, and did not even controlled delivery of the latter. Of course chief of Kyiv SIZO received decision of Strasbourg Court only 3 days later - in the evening of 4th November 09! However distance from Ministry of Justice to Kyiv SIZO is less than 5 km, or few stops by tram or 10 minutes by car. This ignorant attitude of representatives of State of Ukraine may had resulted in death of the prisoner. Luckily this did not happened.
As to position of chief of Kyiv SIZO Mr. Serhiy Starenkiy. In the evening of 04th November '09 he together with camera operator went to the prison cell of Kyiv SIZO, where Beketov was kept together with other 40 prisoners, proposed Yuri Beketov to go to Kyiv City Hospital of Ambulance (Kyivska Miska Likarnia Shvydkoi Medychnoi Dopomogy). Beketov refused to go to this particular hospital because this state owned hospital is in very friendly relations with chief of Kyiv SIZO and militia, and because 2 other previous times when Yuri Beketov was kept there - he did not received appropriate medical treatment. For example in March 2009 he was sent back to Kyiv SIZO after 19 days in hospital, while his medical problem was not resolved. So Beketov told to Serhiy Starenkiy that he refuses to go to Kyiv City Hospital of Ambulance since he does not trust any more to those doctors and asked to transfer him immediately to private hospital “Borys” (Kyiv, str. Bazhana,12) or any other medical institution that his attorney will mention. First time Beketov asked Mr.Satrenkiy to do this on 30/10/09 in the presence of attorney Voloymyr Grechanovskiy by submitting a written statement. Only 15.11.09 Starenkiy sent his written answer (by ordinary post) to the wife of Yuri Beketov in Vinnitsa saying that he doesn't object against visit to Kyiv SIZO of doctors from private hospital “Borys”. However asked also written permission from judges of Kyiv Court of Appeal.
At 15-30 17.11.2009 I've just submitted letter to judges of Kyiv Court of Appeal asking them to urgently give written permission for doctors from private hospital “Borys” to visit Yuri Beketov in Kyiv SIZO. But I don’t know the result yet.
According to my very recent information 21-00 17.11.2009 Beketov's level of health is very much deteriorated, he cannot walk any more, and medical assistants of Kyiv SIZO started to give him injections of “declafenac” (medication against pain). Beketov's health and his life is in danger!
Kind regards,
Oleg VEREMIYENKO
Attorney-At-Law
+38 050 947 5564
Tags: право на выбор лечащего врача, право на медицинскую помощь